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Can I apply I-485 for mother when her visa extension application is pending?

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  • Can I apply I-485 for mother when her visa extension application is pending?

    My mom's 6 month stay expired in Dec 2017 but we filed for extension before that and it's still pending.
    They have asked for additional documents and we are in process of sending it.

    Now we are thinking of filing 485 (green card) for her.
    Can we file for i-485 while her visa extension is still pending?
    If we file i-485 and then the visa extension comes back denied, will it have issues since we filed it when her status is over stay?
    Should we wait for the decision on extension?
    Problem is, the decision may come after the requested extension date.
    That is another question, if we don't do anything but wait for visa extension and decision doesn't come before May (that is the date of extension), what happens?
    Should she leave before the date of extension or wait for decision even if it's past the date of extension?
    It's a mess due to all the processing times now.
    We requested 6 months extension and it's 4 months with no decision.
    thanks
    Last edited by Mystery123; 02-26-2018, 06:05 PM.

  • #2
    Originally posted by Mystery123 View Post
    My mom's 6 month stay expired in Dec 2017 but we filed for extension before that and it's still pending.
    They have asked for additional documents and we are in process of sending it.

    Now we are thinking of filing 485 (green card) for her.
    Can we file for i-485 while her visa extension is still pending?
    If we file i-485 and then the visa extension comes back denied, will it have issues since we filed it when her status is over stay?
    Should we wait for the decision on extension?
    Problem is, the decision may come after the requested extension date.
    That is another question, if we don't do anything but wait for visa extension and decision doesn't come before May (that is the date of extension), what happens?
    Should she leave before the date of extension or wait for decision even if it's past the date of extension?
    It's a mess due to all the processing times now.
    We requested 6 months extension and it's 4 months with no decision.
    thanks
    You can file I-485 for her at any time. Whether she's in status or not is completely irrelevant. Once it is filed, she can stay for as long as I-485 is pending. You shouldn't have even applied for Extension of Status for her in the first place -- not only was that a waste of money, but it calls into question about whether she lied when applying for the Extension of Status, because a B2 extension of status requires a statement saying why her stay will be temporary, but she is staying here and intending to immigrate, so it's not temporary.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      You can file I-485 for her at any time. Whether she's in status or not is completely irrelevant. Once it is filed, she can stay for as long as I-485 is pending. You shouldn't have even applied for Extension of Status for her in the first place -- not only was that a waste of money, but it calls into question about whether she lied when applying for the Extension of Status, because a B2 extension of status requires a statement saying why her stay will be temporary, but she is staying here and intending to immigrate, so it's not temporary.
      Thank you for reply.
      Yes, hindsight 20/20, we should have filed for green card in November.

      We filed for extension as the plan was to leave in May.
      However, after Trump's push on new immigration limitations, we thought it's better to file green card now if the law changes for parents.

      If extension application pending and whatever decision they give doesn't affect anything with filing for GC, we'll start it immediately.
      Thank you

      Comment


      • #4
        Extension approved... now planning for GC application...

        So we got the approval finally.
        Now planning on filing GC before the extension expires.
        Anything I need to know besides filing as early as possible?
        Do I have to re-file adjustment if process takes too long, longer than 6 months?
        thanks

        Comment


        • #5
          Originally posted by Mystery123 View Post
          So we got the approval finally.
          Now planning on filing GC before the extension expires.
          Anything I need to know besides filing as early as possible?
          Do I have to re-file adjustment if process takes too long, longer than 6 months?
          thanks
          Like I said before, she doesn't need to be in status when she files I-485. She could and should have filed without the extension. I am not sure why she didn't file I-485 last month when you posted your previous message. The I-485 will very likely take more than 6 months; there is no "too long". She can stay in the US as long as the I-485 is pending (and she must stay in the US while her I-485 is pending, or she will abandon her I-485, unless she has gotten Advance Parole).

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post
            Like I said before, she doesn't need to be in status when she files I-485. She could and should have filed without the extension. I am not sure why she didn't file I-485 last month when you posted your previous message. The I-485 will very likely take more than 6 months; there is no "too long". She can stay in the US as long as the I-485 is pending (and she must stay in the US while her I-485 is pending, or she will abandon her I-485, unless she has gotten Advance Parole).
            We were waiting for the extension decision before filing GC.
            Will check documents and start filing before the extension.
            Yes, the replies mentioned we can file anytime but now it feels better to apply when she's in valid visa status.
            thanks all

            Comment


            • #7
              Checking The status

              Originally posted by Mystery123 View Post
              We were waiting for the extension decision before filing GC.
              Will check documents and start filing before the extension.
              Yes, the replies mentioned we can file anytime but now it feels better to apply when she's in valid visa status.
              thanks all
              I wanted to check and see if your moms I-485 got approved. I am in the same boat as you and wanted to see if anything changed with her status.

              Comment

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